...not just embody the intention to arbitrate. In addition, the impugned provisions reflected ‘the intention to prohibit either party from advancing claims valued at less than US$14,500’.[8] It was therefore...
Search Results for : Party Autonomy
...factor.” When commercial disputes arise, how can this discomfort factor be overcome so that one party does not have to submit to the national legal procedures and judges of the...
The Geopolitics of Arbitration – Vol. 3 No. 1-4
...a party not having had the chance to present its case fully.”[16] Though arbitrators can decide to conduct arbitration proceedings in a manner they deem fit, ideally, decisions on virtual...
Technology and Arbitration: The Age of Confidentiality Concerns and Due ...
...finding of arbitrariness.[9] IV. Damages Canada provided a non-disputing party submission explaining that if a host state measure qualifies as a legitimate policy objective under Article 2201(3) of the...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...a Party Proceedings to Compel Arbitration FAA Description: This article examines the potential responsibilities of nonsignatories regarding a final award by considering court treatment of nonsignatories in arbitration agreements. In...
Piercing the Double Veil: Enforcing Arbitral Awards Against Nonsignatories in ...
...it cannot be imposed unless a party has agreed to it either by contract in advance or once a dispute arises. All other elements of arbitration, however, are as compulsory...
The Present Status of the International Court of Arbitration of ...
...enforcement of awards made in Belgium. Since Belgium is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (New...
International Commercial Arbitration in Belgium – Vol. 1 No. 1
...stated that account should be taken of “whether there was an acceptable reason for the publishing, to what extent the other party has been caused damage by this and, should...
Breach of Confidentiality as a Ground for Avoidance of the ...
...involved when dealing with sensitive information: First, procedural safeguards are necessary to provide private business with adequate protection for their proprietary business information when a disputing party deems it necessary...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
...(institutional or an ad hoc) had been predefined in domestic laws of states that are a party to a dispute, international agreement in which a state is a party to...
The ISDS Clause in the Investment Law of the Kyrgyz ...
...an injunction whereby a party seeks restraining orders against the other party to proceed or commence with an arbitration proceeding in pursuance of the arbitration agreement between the parties. The...
Do Indian Courts have the Power to Grant Anti-Arbitration Injunctions?
...document along with the arbitration clause therein is incorporated. This happens, for instance, when the standard form contract of one party is stated to form a part of the parties’...